What papers can the German Labour Inspectorate demand from employers? - EURO

UEFA European Championship Final Tournament 2024, Legal Information

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UEFA Guidelines

If selected for an inspection under the Control of Unreported Employment Act, employers are required by law to comply and cooperate fully. This includes ensuring the compliance and cooperation of any employees encountered during the inspection.

Anyone encountered during the inspection must, for example:

  • provide their personal details;

  • where applicable, present valid contracted labourer cards and/or EU work permits for the place of activity and/or the activity they are carrying out, as well as any residence permit they may be required to have.

If certain conditions of employment, such as a specific minimum wage, are imposed by the Minimum Wage Act, the Posted Workers Act or the Act on the Provision of Temporary Workers, anyone encountered during an inspection must also provide information on:

  • the hours they have actually worked;

  • their gross salary; and

  • the amount of holiday leave taken and/or holiday pay received.

When carrying out a paid activity in Germany in one of the following industries, employees are obliged to have their identity document, passport or relevant substitute document on their person at all times, and present it on request to the authorities for inspection:

  • building industry,

  • catering and hotel business,

  • passenger transportation industry,

  • haulage, transport, and associated logistics industry,

  • fairground amusement industry,

  • a forestry industry,

  • industrial cleaning,

  • businesses involved in setting up and dismantling trade fairs, and

  • the meat industry.

Not being able to present an identity document for inspection in these circumstances is an administrative offence punishable with a fine.

Employers are required to verifiably inform each of their employees in writing of their obligation to carry an identity document and present it on request. The employers themselves must retain these employee notices for the duration of the work or services and show them to the authorities on request. Employers fall within the scope of this requirement if they hire out temporary workers to perform work or supply services in any of the industries in which there is an obligation to carry an identity document and to present it on request.

Wilful or negligent failure to comply may be punished with a fine.

The provisions of the Minimum Wage Act, the Posted Workers Act and of the Act on the Provision of Temporary Workers require that even an employer based abroad, if their activity falls within the scope of the legislation, must keep certain documents in German, readily available inside Germany, to surrender to the customs authorities on request. These documents include employment contracts and/or any other documents that reveal the essential terms of the employment relationship, such as:

  • pay slips,

  • evidence of salary payments made,

  • evidence of working time.

Other documents may be required by the relevant authorities.

If some or all of the required documents are in the possession of other individuals (such as tax advisers), employers must, as part of their obligation to cooperate, make it possible for customs officials to have access to them.

As mentioned, failure to cooperate constitutes an administrative offence punishable with a fine, whether the person: is in breach of their obligation to provide information; is not carrying the identity documents required by law; or does not surrender such documents to the customs authorities on request.